The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Notice required of intention to give evidence of certain inconsistent statements

28.—(1) Where a person, particulars of whom were contained in a notice given under rule 19 in a cause or matter, is not to be called as a witness at the trial or hearing of the cause or matter, any party to the cause or matter who is entitled and intends to adduce in relation to that person any evidence which is admissible for the purpose mentioned is section 4(1)(b) of the Civil Evidence Act must, not more than 21 days after service of that notice on him, serve on the party who gave that notice, notice of his intention to do so.

(2) If the statement sought to be adduced was made otherwise than in a document, the notice must contain particulars of—

(a) the time, place and circumstances at or in which the statement was made;

(b) the person by whom, and the person to whom the statement was made; and

(c) the substance of the statement or, if material, the words used.

(3) If the statement sought to be adduced was made in a document, a copy or transcript of the document, or of the relevant part thereof, must be annexed to the notice and the notice must contain such (if any) of the particulars mentioned in paragraph 2(a) and (b) as are not apparent on the face of the document or part.

(4) The Court may, if it thinks it just to do so, allow a party to give in evidence at the trial or hearing of a cause or matter any evidence which is admissible for the purpose mentioned in the said section 4(1)(b) notwithstanding that that party has failed to comply with the provisions of paragraph (1).